Terms and Conditions

Introduction

Thank you for reviewing BearhugRecruiting.com’s terms and conditions of use agreement. This site is owned and operated by K2 Collective Inc., a South Carolina Corporation (but will hereinafter be referred to as “Bearhug Recruiting”, “We”, “Our”, “Us” or “BHR”). This agreement applies to persons who visit, purchase from, or otherwise use the BHR website. If you do not agree to be bound by the terms and conditions of this agreement, do not use or access our suite of websites.

Availability and Eligibility

Our sites are available to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our sites are not available to children (persons under the age of 18). The sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. Competitors are not authorized to access or use our site without express, written permission from us in advance of such access. If you do not qualify, please do not use our sites.

User’s Responsibilities and Acknowledgments

As a BHR user, you are obligated to read this agreement, our privacy policy before utilizing our sites, purchasing anything from us, or providing any information to us. You agree to read and be bound to the terms of this agreement as well as those of our privacy policy and other policies we have now or may adopt in the future. You acknowledge and agree that we do not offer legal, professional, medical, mental or financial advice. The sites are provided for informational purposes only.

Restricted Activities

You are prohibited from any use of the sites or their content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided to us and your activities on the sites shall not: (A) Be false, inaccurate or misleading; (B) Be fraudulent; (C) Infringe any third party’s copyright, patent trademark, trade secret or other proprietary rights or rights of publicity or privacy; (D) Violate any law, statute, ordinance or regulation; (E) Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (F) Contain any viruses, trojan horses, or the like, or other computer programming routines that may damage or interfere with the site; and (G) Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any BHR content without the prior express written permission of BHR. You may not consummate any transaction on the site, or that was initiated using our sites, that could cause us to violate any applicable law, statute, ordinance or regulation.

Breach

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, or refuse to provide our services to you if, within our sole and independent judgment: (A) You breach, or we anticipate that you are about to breach, this agreement or the documents it incorporates by reference; (B) We are unable to verify or authenticate any information you provide to us; or (C) We believe in our sole opinion that your actions may cause financial loss or legal liability for you, our users, or us. We can also terminate this agreement at any time, with or without cause. If you violate or otherwise breach this agreement, BHR will not issue any refunds or commissions of any amount to you.

Privacy

We only use your information as described in our privacy policy. Our current privacy policy is available at https://www.bearhugrecruiting.com/privacy-policy/. We may change the privacy policy in the future. You should check the privacy policy frequently for changes.

Intellectual Property

BearhugRecruiting.com contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute or otherwise make unauthorized use of the material on the site and its extensions except as permitted under the applicable laws.

DMCA Policy

BHR takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA complaint notice is provided to us. In accordance with the digital millennium copyright act (“DMCA”), BHR has designated an agent to receive notification of alleged copyright infringement occurring on the site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

K2 Collective Inc. Attn: DMCA Designated Agent 115 Belle Ave. San Rafael, CA 94901, USA

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

  • A description of the copyrighted work claimed to have been infringed;

  • A description of the infringing material and information reasonably sufficient to permit K2 Collective Inc. to locate the material;

  • Your contact information, including your mailing address, telephone number and email address;

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner;

  • And a physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

E-mail Policy

Please be advised that if you provide us with your email address and/or phone number, you have expressly granted us the right to contact you by either of these methods. You may opt out of receiving future contact by following the instructions at the bottom of each e-mail message. To read our full privacy policy, click here.

Disclaimer of Warranties

We, our officers, directors, agents, employees, contractors and suppliers provide our websites, products and services “As Is” and without any warranty or condition, express, implied or statutory. We, our officers, directors, agents, employees, contractors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, title and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

In addition, we specifically disclaim all warranties that the sites, products, or services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; will be accurate, adequate, reliable, complete, and we disclaim the usefulness of any of the content. We disclaim liability for errors or omissions in the content; any implied warranty arising from course of dealing or usage of trade; and any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of BHR. Additionally, there are no warranties as to the results of your use of the content. To the full extent permissible under applicable law, BHR disclaims any and all such warranties.

Feedback Disclosure

Your membership entitles K2 Collective Inc. (BHR’s parent corporation) to collect and use any/all feedback you’ve voluntarily provided that relates to your experience as a client or member in our marketing and promotional efforts. Additionally, you authorize BHR to utilize any of your profile photos available within the public domain as a visual component to accompany your feedback. Unless you alert us otherwise, it will be assumed that you willingly grant us the right to edit, modify, and contextualize your feedback as long as the integrity of your original statement and the core of your message remains intact. If you do not want your feedback to be published, you may email us at any time, and we will meet your request. You are entitled to have us remove or revise any previously published feedback as well, so as to represent the most authentic expression of your experience here.

Limitation of Liability

In no event shall we, our officers, directors, agents, employees, contractors and suppliers, be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with this agreement and/or your use of the websites. Our liability to you or any third party in any circumstance is limited to the lesser of A) The amount of money you pay to us in any one year or B) $100. If the foregoing limitation is found to be invalid, you agree that BHR’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

Indemnity

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorney fees, made by any third party, including but not limited to any claim arising out of your violation of this agreement or your use of the sites in violation of this agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. BHR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of BHR or K2 Collective Inc. You further agree to indemnify and hold harmless BHR from any claim arising from a third party’s use of information or materials of any kind that you post to the sites.

Dispute Resolution

You agree that any controversy or claim arising out of or relating to this agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving BHR shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Charleston, SC and the judgement on the arbitration award may be entered in any court having jurisdiction thereof. Either you or BHR may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Charleston, SC necessary to protect the rights and property of you or BHR pending the completion of arbitration.

Licenses

BHR grants a limited license to each participant to make personal use only of the sites in accordance with this agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the sites, making any derivative of the sites, the collection and use of user e-mail addresses or other user information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose routine any information on our sites and not use any device, software or routine that may interfere with the operation of the sites.

Waiver

Failure by BHR to enforce any of its rights under this agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Right to Change This Agreement

BHR reserves the right to change any of the terms and conditions contained in this agreement or any policies or guidelines governing the site or services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the services following BHR posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, do not continue to use the services or this site.

General Provisions

This is the entire agreement governing the use of BHR. No delay by either party shall waive rights under this agreement. This agreement is governed by, and to be construed in accordance with, the laws of the state of South Carolina, without regard to that State’s conflict of laws provisions. By using the sites you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the state of South Carolina. No waiver of any breach of this agreement shall be a waiver of any other provision of this agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of BHR in accordance with applicable law and the remainder of the agreement shall remain in full force.

Partner Agreement

Each participant in the partner program (“partner”, “affiliate,” “you,” or similar terms) offered by BHR (the “Program Operator”) at www.BearhugRecruiting.com (i.e. the “website” ) expressly agrees to this affiliate agreement. NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program. This agreement incorporates the Program Operator’s Terms and Conditions of Use (located on this and all our websites) herein as if it were set forth in full. Throughout this agreement, “affiliate program” refers to the affiliate program operated by the Program Operator in part for all our above referenced websites.

Affiliates: Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.

Income Tax Liabilities: Each affiliate acts as an independent contractor and, as such, is responsible for any or all applicable income taxes, fees, and any other tax liabilities that affect or concern the sales of the products or services, in your country or location. It is the affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to handle these sums under the applicable tax code and other applicable laws.

Commission Rates & Payments: A $1,000 USD commission will be paid out on all “client referrals” that result in a successful placement – assuming clear trackable attribution is present and valid. A $500 USD commission will be paid out on all “candidate” referrals that result in a successful placement – assuming clear trackable attribution is present and valid.

Payment Schedule: Commissions are paid out between the 1st and the 5th of each month for placements that are 30 days beyond the guarantee period (typically 90 days max). This allows us to account for potential refunds/chargebacks which are a normal aspect of any sales process.

W-9/W-8: In order to pay you out your commissions, we need the correct tax withholding form from you. Please complete either the W-9 or W-8 form provided to you at the time of affiliate registration. Affiliates are responsible for choosing the correct W-8 form. Please visit www.irs.gov to view the instructions for which form to use and please be sure to submit the correct form. In most cases, the W-8BEN form is what is required. If a different form is required for your country, print it out, fill it out, scan the completed form, and email it to hello(at)bearhugrecruiting.com. If you have not sent in the required form within 60 days of our 2nd request, your affiliate status will become inactive and you will forfeit your commissions.

Prohibited Affiliate Activities: Doing any of the following will be cause for termination from the affiliate program. Any commissions will be forfeited without recourse.

  • You are not permitted to conduct email promotions in a 3rd party system. All email contacts must come from your own opt-in email list. You cannot buy solo ads from a 3rd party, use “safelists”, or spam. You must not run controversial or negative PPC (pay per click) or iFrame domain campaigns such as “Product name / author name scam” to increase click through rates. This would portray a negative view of BHR and any people or products related to our brand. This reflects badly on us, and is not a clean marketing method. Don’t do it.

  • We reserve the right to enforce trademark infringement. You must NOT use our photos, logos, names, company name, product names, team member names or brands in your advertising on Facebook, Google or anywhere else. You also cannot use the aforementioned images or names in your domain name. One-hundred percent of our websites and products are registered trademarks of BHR. Should you break this rule, you will be terminated from the program immediately and forfeit any/all unpaid commissions.

  • You must never use FAKE testimonials, review sites, news sites, or any false information when promoting our offers. If you DO put up a review of any BHR’s products or programs, and you use an affiliate link, you MUST disclose that you are an affiliate and that you will be compensated if the reader/viewer buys through your link. We will delete your affiliate account immediately and you’ll hear from our legal team if you neglect to follow this simple rule. See the FTC guidelines here.

  • PPC campaigners may bid on any keywords including the product names and author names as long as you agree that these trademarks and product names are the property of BHR and you are only using them under this affiliate agreement. Be sure to create original promotional content so that you get better search results.

  • Avoid using the raw affiliate link. All affiliates are encouraged to utilize redirect links in emails and website campaigns and not the direct affiliate link you will receive. This increases conversions and is a standard practice for affiliate marketing.

  • Any JV (Joint Venture) Prizes are awarded based on qualified leads and are subject to fraud reviews. Qualified leads are unique customers who fill out the opt in form themselves with valid information. We will expressly deny or modify prizes (commission payouts) based on lead quality. Activities of fraud will lead to further actions. We do not permit offering cash back, rebates or other discounts as part of your affiliate offer or promotions. We advise promoting our products/programs on their own merits. Successful affiliates often offer unique bonuses such as additional training, resources, support or setup services.

Dormant Affiliate Accounts: Accounts with a positive balance (under $100) but no earnings for an extended period of time are considered dormant. All balances on dormant accounts will be cleared after 365 days of no earnings.

UK Affiliate Vat: Some Affiliate Commission is VAT Inclusive and you may be required to provide a Tax Invoice prior to receiving payments.

General Disclaimer

This policy may be changed at any time at BHR’s discretion. If we should update this policy, we will post the updates to this page on our website. This policy was revised February 5th, 2019. If you have any questions or concerns regarding our privacy policy and disclaimers please direct them to hello(@bearhugrecruiting.com.

Contact BHR / K2 Collective Inc.

Except as explicitly stated otherwise, any notices to Bearhug Recruiting shall be given by postal mail to: K2 Collective Inc., 115 Belle Ave. San Rafael, CA 94901, USA

You agree that you will notify BHR in writing of any claim or dispute concerning or relating to the site and the information or services provided through it and give us a reasonable period of time to address it before bringing any arbitration or legal action. COPYRIGHT © 2018-2019 K2 Collective Inc.